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Terms in this set (90)
What are the 6 major goals of government, as established in the preamble to the Constitution?
1. to form a more perfect Union
2. establish Justice
3. insure domestic Tranquility
4. provide for the common defense
5. promote the general Welfare
6. secure the Blessings of Liberty to ourselves and our Posterity
The Constitution's authority comes from who or what?
From the people
What is established in Article I?
What is established in Article II?
What is established in Article III?
What is the Necessary and Proper clause? What is it also known as?
Elastic clause; gives Congress power to pass all laws necessary and proper for carrying out the enumerated list of powers
How many amendments to the Constitution have been ratified?
How are amendments to the Constitution usually proposed?
2/3 vote in both houses of Congress
How are amendments to the Constitution usually ratified?
Approval by the legislatures in 3/4 of states
What are the first 10 Amendments to the Constitution called?
Bill of Rights
Why were the first 10 Amendments to the Constitution added?
Added to soothe fears of anti-federalists at the time
What rights are guaranteed by the 1st Amendment?
1. freedom of religion
2. freedom of speech
3. freedom of the press
4. freedom of assembly
5. freedom to petition the government
Who or what is limited by the 1st Amendment?
What is libel? What is slander?
Libel: a written or published defamatory statement
Slander: defamation that is spoken by the defendant
What is the Establishment Clause, and what is the Free Exercise Clause?
Establishment Clause; prohibits the establishment of religion by Congress
Free Exercise Clause; reserves the right of American citizens to accept any religious belief and engage in religious rituals
What right is guaranteed by the 2nd Amendment?
Right to bear arms
What rights are guaranteed by the 3rd Amendment?
Restricts soldiers from being quartered in private homes without the owner's consent, forbidding the practice in peacetime
What rights are guaranteed by the 4th Amendment?
Protects citizens from unlawful and unreasonable searches and seizures
What was decided in the case of Roe vs. Wade, and which Amendments are cited in the decision in Roe vs. Wade?
Guarantees women the right to have an abortion; Amendment 14
What rights are guaranteed by the 5th Amendment?
1. right to grand jury
2. forbids double trials
3. no self-incrimination
4. right to due process
What was decided in the case of Miranda vs. Arizona?
Detained criminals must be reminded of their constitutional right to an attorney and against self-incrimination
When the police read you your rights, which Amendment in particular are they reminding you of?
Which rights are you exercising when you "take the 5th " or "plead the 5 th"?
Right to remain silent for fear of self-incrimination
What rights are guaranteed by the 6th Amendment?
1. right to public trial without unneeded delay
2. right to a lawyer
3. right to an impartial jury
4. right to know accusers, nature of charges, and incriminating evidence
What rights are guaranteed by the 7th Amendment?
1. right to a jury trial for civil cases in federal court
2. prevents courts from overturning a jury's decision
What rights are guaranteed by the 8th Amendment?
Prevents excessive bail, excessive fines, and cruel or unusual punishment
Is the death penalty considered cruel and unusual punishment by the Constitution? Why or why not?
What does it take to be convicted of treason in the United States of America?
1. levying War against the U.S., or in adhering to their enemies
2. giving enemies aid and comfort
3. two witnesses must confess under oath
What rights are guaranteed by the 9th Amendment?
Non-enumerated rights are still protected (e.g.: eating)
What rights are guaranteed by the 10th Amendment?
any power that is not given to the federal government is given to the people or the states
What does the 11th Amendment provide for?
Nobody can sue a state in federal court without the consent of the state concerned
What does the 12th Amendment provide for?
If none of them win the majority, then:
1. President is chosen by the House of Representatives
2. Vice-President is chosen by the Senate
What historical event or events led to the creation of the 12th Amendment?
1800 presidential election; Thomas Jefferson ties with Aaron Burr
What does the 13th Amendment forbid?
Forbids unwilling slavery
What rights are guaranteed by the 14th Amendment?
1. Citizenship Clause, all people born in the United States are citizens
2. Due Process Clause, no laws can deprive a person's life, liberty, or property with due process of law
3. Equal Protection Clause, all people will receive equal protection of law
What is Due Process?
Fair judicial treatment
What rights are guaranteed by the 15th Amendment?
Voting rights cannot be denied on the basis of race, color, or servitude
What does the 16th Amendment provide for?
Congress has the power to lay and collect income tax without using a census
What does the 17th Amendment provide for?
Direct election of senators (popular election)
Who or what originally elected Senators?
What does the 18th Amendment forbid?
Prohibits the production, transport, and sale of alcohol
What rights are guaranteed by the 19th Amendment?
Voting rights cannot be denied on the basis of gender
What does the 20th Amendment provide for?
1. moved the beginning and ending of the terms for the president and vice president from March 4 to January 20
2. moved beginning of terms for members of Congress from March 4 to January 3
purpose: shorten lame duck period
What does the 21st Amendment do?
Repealed the 18th Amendment
What does the 22nd Amendment require?
Restricts number of terms for presidency to two
What does the 23rd Amendment provide for?
Gives those living in D.C. the right to vote
What does the 24th Amendment provide for?
Voting rights cannot be denied on the basis of poll tax payment completion
What does the 25th Amendment provide for?
If the president dies, the vice-president assumes the president's role
What rights are guaranteed by the 26th Amendment?
Voting rights cannot be denied on the basis of age
What does the 27th Amendment forbid?
No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened
What was the Supreme Court's opinion in the case of Marbury vs. Madison?
Established the principle of judicial review (the power of the federal courts to declare legislative and executive acts unconstitutional)
What was the Supreme Court's opinion in the case of McCulloch vs. Maryland?
1. Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States
2. Maryland lacked the power to tax the Bank
What was the Supreme Court's opinion in the case of Dred Scott vs. Sanford?
African-Americans, whether enslaved or free, could not be American citizens and therefore could not sue the court
What was the Supreme Court's opinion in the case of Plessy vs. Ferguson?
"Separate but equal"; racial segregation would be legal as long as public facilities were equal
What was the Supreme Court's opinion in the case of Brown vs. Board of Education?
Racial segregation in public schools is unconstitutional
What was the Supreme Court's opinion in the case of Lemon vs. Kurtzman?
The passing of any state laws that establish a religious body is a direct violation of the United States Constitution
A member of the House of Representatives is elected to serve for how many years at a time?
What are the Constitutional requirements to be eligible to run for the House of Representatives?
1. be at least 25 years old
2. have been a citizen of the United States for the past 7 years
3. be an inhabitant of the state they represent (at the time of the election)
A member of the Senate is elected to serve for how many years at a time?
What are the Constitutional requirements to be eligible to run for the Senate?
1. be at least 30 years old
2. have been a citizen of the United States for the past 9 years
3. be an inhabitant of the state they represent (at the time of the election)
A President is elected to serve for how many years at a time?
What are the Constitutional requirements to be eligible to run for President?
1. be at least 35 years old
2. have been a resident of the United States for the past 14 years
3. natural-born citizen
A Supreme Court Justice is appointed to serve for how long? Why did the framers of the Constitution make this
Life-long tenure; judges must be consistent, experienced, etc.
How can the Legislative Branch check the Judicial Branch?
1. pass laws detailing court's jurisdiction for cases
2. creation or elimination of judgeships
How can the Legislative Branch check the Executive Branch?
1. override a presidential veto
2. approve Presidential nominations
3. control the budget
4. can impeach the President and remove him or her from office
How can the Judicial Branch check the Executive and Legislative Branches?
Judicial review (declare laws unconstitutional)
How can the Executive Branch check the Legislative Branch?
What is "reapportionment" and why can it become controversial?
Dividing areas into districts; can make it impossible for parties in certain areas to win
Who or what actually elects the President of the United States?
Why did the framers of the Constitution create the Electoral College?
1. prevent tyranny
2. give more power to smaller states
If no one wins a majority in the Electoral College, who or what gets to select the President? Why?
House of Representatives
If no one wins a majority in the Electoral College, who or what gets to select the Vice President? Why?
In which part of Congress must all spending bills originate? Why did the framers give this power to them?
House of Representatives; people have the most control over this part of government due to their 2-year terms
What is the Supremacy Clause? Why is it important?
Establishes federal law (Constitution) as the supreme law of the land; dictates order of power in some respect (Article VI, Clause 2)
Which part of Congress has the power to ratify treaties? Why did the framers give this power to them?
Senate; this body of Congress is more mature and consistent because of their six year terms
What is Habeas Corpus? Why is it important?
Ensure that a prisoner was lawfully arrested an individual by forcing authorities to produce the prisoner and prove that they have legally incarcerated the individual; protects against unlawful arrest
Which part of Congress has the power to confirm or reject Presidential appointees? Why did the framers give this power to them?
Which part of the government has the power to declare war? Why did the framers give this power to them?
Congress; multiple people must agree to go to war rather than just one sole head-of-state
What is "Full Faith & Credit"? Why is it important?
Article IV, Section 1; States honor court judgements made in other states
What is the Privileges and Immunities Clause? Why is it important?
Article IV, Section 2; No state can enact laws that take away the privileges/immunities of citizens
What is Eminent Domain? Why is it important?
Allows the government to seize land for public use; controversial, but allows government to have land for schools, roads, etc.
What is extradition? Why is it important?
Transfer of accused person from one country to another country seeking to put them on trial
What is the Exclusionary Rule? Why is it important?
Evidence obtained illegally cannot be used in court; ensures that all evidence is legally achieved
What is a search warrant, and when are they needed?
Court-issued permission to search an individual's private property
Which amendments deal with the right to vote (suffrage)?
15, 19, 23, 24, 26
What is symbolic speech?
Conduct that expresses an idea
How was the Interstate Commerce Clause used to compel desegregation?
Segregation on interstate travel violates the commerce clause
The President is allowed to issue Executive Orders. Where does the power to do so come from?
Article II, Section 1
What is "Prior Restraint" and under what circumstances might it be allowed?
Government action that prohibits speech or other expression before it can take place; allowed in two forms:
1. acquire a license/permit prior to speaking
2. prohibition of certain speech
What are the requirements to be considered an eligible voter in the state of California?
1. be a United States citizen
2. be 18 years of age on or before the day of the election
3. be a resident of California
4. not be in prison or on parole for the conviction of a felony
5. not judicially determined to be incompetent to vote
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